Contractor’s 2-year college trial set

Thursday

Apr 29, 2010 at 12:01 AM

By Dana BeyerleMontgomery Bureau Chief

MONTGOMERY | The federal trial of a Tuscaloosa contractor who is charged with bribery and conspiracy in the two-year college scandal is set for June 1 in Tuscaloosa.But lawyers for contractor Roger Taylor are trying to get his indictment thrown out because of alleged prosecutorial misconduct during federal grand jury proceedings in 2006.Taylor’s attorneys allege that prosecutors intimidated and threatened witnesses at the grand jury, which was investigating events involving former two-year college Chancellor Roy Johnson. Prosecutors denied the misconduct allegations.Taylor’s attorney, Augusta Dowd, and witnesses were in court Tuesday before U.S. Magistrate Judge John Ott for a hearing leading up to Taylor’s trial.Dowd said assistant U.S. Attorney Matt Hart unacceptably and unethically treated grand jury witnesses and misled and threatened them, according to the Birmingham News.“This prosecutor wrongfully used his position of power and authority to influence this grand jury and rob it of its independence,” Dowd told Ott, the News reported.Contacted on Wednesday, she said she could not comment.Taylor was indicted on nine counts of conspiracy, bribery and witness-tampering charges, after allegedly bribing Johnson in exchange for no-bid construction management contracts worth $3 million for the two-year college system.Taylor served as construction manager for Johnson’s $1.3 million Opelika home and allegedly paid about $90,000 in expenses on the home and then got work in the two-year college system.On April 21, U.S. District Judge Sharon Lovelace Blackburn dismissed eight counts of Taylor’s original 17-count indictment. Those charges involved being paid state funds for working in 2003 on the future home of the Shelton State Community College president in Tuscaloosa.Lewis Drummond, director of the West Alabama Center for Workforce Development at Shelton State, testified Tuesday that he was terrified during his July 26, 2006, grand jury appearance, according to the Birmingham News. He said Wednesday he had no comment.Wallace State Community College President Vicki Hawsey testified that Hart bullied her in the grand jury, accused her of lying, invaded her personal space and tried to get her to say certain responses, the News said.According to a motion filed in Taylor’s case, Ott wrote, “The applicable standard of review on the issue of prosecutorial misconduct in the grand jury setting is “whether the error before the grand jury substantially influenced the grand jury’s decision to indict” or (whether) there is “grave doubt” that the decision (to indict) was free from such substantial influence (of such violations).’”The federal court system shows that many documents in the case, including claims of prosecutorial misconduct, are under seal at the prosecution’s request.

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